Gus Newport’s family sues the VA in federal court

Gus Newport speaking at a microphone — The family of Gus Newport has sued the VA following his death on his way to a medical appointment in 2023. Credit: Emilie Raguso

The family of Eugene “Gus” Newport, former two-term mayor of Berkeley and a lifelong champion of progressive causes worldwide, has sued the United States Department of Veterans Affairs for negligence and wrongful death after Newport died last year on his way to a medical appointment by a transportation service contracted by the agency.

It is the second lawsuit Newport’s family has filed following his death June 17, 2023. In July 2024, they filed a civil complaint in San Francisco Superior Court accusing Owl, Inc., the VA contractor that had picked up Newport, of plead guilty, willful misconduct, elder abuse and wrongful death. Owl has denied the family’s representation and any wrongdoing.

Newport’s widow, Kathryn Ruth Kasch, son Kyle Newport and daughter Maria Mercedes Newport filed their new lawsuit Aug. 6. The VA had not filed a formal response as of Wednesday, according to federal court records.

The “VA grieves the loss of one our Veterans and sends our condolences to the family and friends of Mr. Newport,” Terrence L. Hayes, a press secretary for the VA, said in a prepared statement. “While we cannot comment directly about ongoing litigation, we take his loss seriously and continue to learn from this, as it is our sacred mission to ensure we provide all our Veterans with the world-class care and benefits they’ve earned and deserve. “

This complaint includes more precise details on how Newport suffered the spinal injury from which his family says he ultimately died. When the family filed their suit against Owl, even they did not have some of these details, according to their initial lawsuit.

Newport, a US Army veteran who lived in Oakland, had an appointment June 12, 2023, to get a new hearing aid at a VA facility in San Francisco. After a partial amputation of his right leg in 2021, Newport used a wheelchair for mobility. The VA contracted with Owl, among others, for transportation for “veterans who require assistance traveling to and from VA health care facilities,” according to the complaint — transportation the VA vouched for as “safe and reliable.”

In this 2017 file photo, former Berkeley Mayor Gus Newport tells the City Council to take a stand against Urban Shield. Photo: Natalie Orenstein

But in defiance of San Francisco city and county regulations, the van driver who picked up Newport failed to secure Newport to his wheelchair or the wheelchair to the vehicle, according to the complaint.

“When the van accelerated from a stop, the unsecured wheelchair suddenly flipped over backwards, causing a severe blow to (Newport’s) head and neck” on an object on the van floor, knocking him out and throwing him from the chair, the complaint read .

The family’s attorneys also alleged that the driver did not have the proper first aid training — also in contravention of local regulations — and so did not immobilize Newport’s neck, as he should have. Instead, the driver tried to lift the unconscious Newport back into his chair, then dragged Newport out of the van, and finally “solicited the help of a good Samaritan” to lift Newport back into a sitting position in the chair, all the while causing more damage to his spine, according to the complaint.

The driver also did not tell medics who were called to the scene how Newport had been injured. “Instead, the Emergency Medical Responders were told that Mr. Newport had suffered a cardiac arrest,” and so the medics also never immobilized Newport’s neck, the complaint read. Newport was hospitalized but never regained consciousness and died five days later, his family told Berkeleyside last year.

Newport’s family told Berkeleyside they never received his wheelchair, cellphone or other personal items he had with him the day he was injured. They filed an administrative claim with the San Francisco DA under the Federal Tort Claims Act in October 2023, and in May, the VA rejected the claim, according to the complaint.

Kasch said the family had been stonewalled when they tried to get information from Owl and the VA and that the civil legal process has also been slow going. “We have confidence in our lawyers and just have to keep moving forward,” she said.

Two adult men and six children gather on the floor of a room in a grainy black and white photograph. The two men, who are lying on the floor, look at the camera while the children look away. — In 1985, during his second term as mayor of Berkeley, Gus Newport traveled to El Salvador amid the country’s civil war. In this photo, he gathers with children in a civilian bomb shelter. Courtesy of Gus Newport Foundation

“The wheels of justice turn slow, but we are here for the battle, no matter how long it takes to get justice for my father,” Kyle Newport told Berkeleyside in an email.

“I just keep wanting people to understand that Gus did not die a natural death. It was bad actions that caused him to die,” Kasch told Berkeleyside Wednesday.

Despite moving with a wheelchair and having lived 88 years, Newport was leading a vibrant, active life, his family said. The week he died, he was scheduled to be interviewed for a film before flying to Georgia for a meeting with the National Council of Elders.

The first case, against Owl, is scheduled for trial in August 2025, according to San Francisco court records. The company, which operates as Owl Transportation, is based in Florida and has an office in Burlingame. Its attorneys did not immediately respond to inquiries Wednesday.